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WAIVER OF SEBASTIAN INLET ENTRANCE FEES <br />Attorney Collins reviewed the following: <br />TO: The Board of County Commissioners <br />FROM: Iv.(,/ William G. Collins II - Assistant Gounty'Attorney <br />DATE: February 14, 1989 <br />SUBJECT: Waiver of Sebastian Inlet Entrance Fees <br />Attached are the documents necessary to accomplish an <br />"agreement with DNR whereby DNR is allowed to charge entrance <br />fees at the Sebastian Inlet State Park for a trial 5 -year <br />period on their promise to use best_ efforts to convince the <br />Legislature to segregate all entrance fees for use for the <br />operation, maintenance and improvement of Sebastian Inlet <br />State Park. Should this fail to occur, or should DNR fail <br />to make the reports to the County necessary for the County <br />to make that determination, the agreement to waive the right <br />to enforce the deed restriction against entrance fees can be <br />revoked at the end of each 5 -year term. Otherwise, the <br />waiver agreement would automatically renew for additional <br />5 -year terms. <br />The attached documents represent the best compromise the <br />County could work out with DNR and implements the policy <br />direction given at our February 7, 1989 Board meeting. <br />RECOMMENDATION <br />Authorize the Chairman to execute the attached Agreement and <br />Waiver. <br />Attorney Collins informed the Board that the Agreement <br />included in the agenda packet represented the correction made at <br />the previous meeting. There has since been a change to the <br />agreement to add a provision on Page 3 which identifies when the <br />Department's fiscal year ends and that their reports will be due <br />within 30 days from the end of their fiscal year. It also <br />changes language in paragraph 5 of the agreement which said <br />failure to accomplish segregation of entrance fees would be cause <br />for revocation. They do not segregate fees so we are changing <br />the word "segregate" to "appropriate" and will be changing the <br />wording in the Waiver accordingly. However, the Waiver will not <br />be executed today. Mr. Randy Lewis of the State Department of <br />Natural Resources is here today, and he will take the agreement <br />back for Mr. Gardner to sign on behalf of the DNR. When we <br />receive the signed agreement, we will then record the Waiver. <br />51 <br />FEB 21 1989 <br />BOCK fAGE 211 <br />